National Green Tribunal
S.P. Muthuraman vs The Union Of India Rep. By The Secretary on 17 November, 2021
Bench: K. Ramakrishnan, K. Satyagopal
Item No.10 & 11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 191 of 2015 (SZ)
With
Original Application No. 178 of 2014 (SZ)
(Through Video Conference)
IN THE MATTER OF:
S.P. Muthuraman
Tirunelveli District.
...Applicant(s)
Versus
The Union of India and Ors.
...Respondent(s)
With
T. Rajamanickam,
Tirunelveli District.
...Applicant(s)
Versus
The District Environmental Engineer,
Tamil Nadu Pollution Control Board,
Tirunelveli and Ors.
...Respondent(s)
Date of hearing: 17.11.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE Dr. K. SATYAGOPAL, EXPERT MEMBER
Page 1 of 28
O.A. No.191/2015:
For Applicant(s): None.
For Respondent(s): Mr. Meyyappan represented
Mrs. Me. Saraswathy for R1.
Mrs. P. Jayalakshmi represented
Mr. D.S. Ekambaram for R2.
Dr. D. Shanmuganathan for R3, R6 & R7.
Mr. S. Sai Sathya Jith for R4, R5.
Mr. S. Saravanan represented
Mr. Abdul Saleem for R8.
O.A. No.178/2014:
For Applicant(s): None.
For Respondent(s): Mr. S. Sai Sathya Jith for R1.
Dr. D. Shanmuganathan for R2.
Mr. S. Saravanan represented
Mr. Abdul Saleem for R3.
ORDER
1. As per order dated 08.09.2021, this Tribunal had considered the report submitted by the Tirunelveli Corporation dated 29.07.2021 extracted in Para 2 of the order and the report submitted by the Joint Committee dated Nil, e-filed on 07.08.2021 extracted in Para 3 of the order and also considered the report submitted by the Tamil Nadu Pollution Control Board dated 23.08.2021 extracted in Para 4 of the order and also considered the another report of the Tamil Nadu Pollution Control Board filed on behalf of the Principal Secretary for Environment and Forest Department dated 07.09.2021 which was extracted in Para 5 of the order and then, passed the following order:-
Page 2 of 28"6. It is seen from the report that action plan has been prepared at State level for the purpose of mitigating the issues and they have identified the sources and they are taking steps. But none of the reports show the temporary measures that will be taken or being taken for preventing discharge of un-treated sewage and other effluent into the water bodies so as to protect the Tamirabarani River from pollution. They have also not mentioned as to whether there is any improvement in the water quality on account of certain measures taken by the municipality and the local bodies Further, the reports were of July, 2021. Some more work would have been completed by the Corporation and the Municipalities on account of the action plan already prepared and that aspect also ought to have been mentioned by them while filing the present status report. So, local bodies as well as the Pollution Control Board are directed to file further progress report and also about the improvement, if any, in the water quality of Tamirabarani River on account of the work already undertaken by the local bodies in this regard. If no improvement is there, then the Pollution Control Board is directed to file their further action taken report against the persons who are responsible for causing such mischief. If any industrial effluent is mixed, then they are directed to inspect the industrial unit and submit a report regarding the violations, if any, committed by them in discharging the un-treated effluents into the water bodies causing pollution to the same. If the industries are not having Zero Liquid Discharge System and also not having proper ETPs which they are expected to establish, then the Pollution Control Board is also directed to file an action taken report in this regard also.
7. The respective authorities are directed to submit their respective reports to this Tribunal on or before 21.10.2021 by e-filing in the form of Searchable PDF/ OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
8. The Registry is directed to communicate this order to the official respondents and to the Chief Secretary, State of Tamil Nadu, Principal Secretaries for Environment, Municipal Administration & Water Supply, PWD & WRO, Commissioner of Municipal Administration and Director of Town Panchayat for compliance of the direction issued by this Tribunal."Page 3 of 28
2. The case was posted to 21.10.2021 for consideration of further reports.
On 21.10.2021, it was adjourned to today by notification.
3. We have received the progress report submitted by the Tirunelveli Corporation dated 18.10.2021, e-filed on 16.11.2021 and received today (i.e. 17.11.2021) which reads as follows:-
"PROGRESS REPORT SUBMITTED BY THE TIRUNELVELI CORPORATION I, B.Vishnu Chandran Son of Mr. Bala Chandran, Hindu, aged about 32 years, presently holding the post of the Commissioner, Tirunelveli City Municipal Corporation, do hereby solemnly affirm and sincerely state as follows:
1. I state that I am the Commissioner of Tirunelveli City Municipal Corporation, and as such I am well acquainted with the facts of the case from available records.
2. I humbly submit that this Hon'ble Tribunal in its order dated 17.01.2020 constituted a Joint Committee to go into the allegations in the application and also consider the question of pollution caused to the Tamirabarani River and the remedial measures to be taken.
3. I humbly submit that the Joint Committee conducted a joint inspection and filed its report before this Hon'ble Tribunal. This Respondent is also a member of the Joint Committee, has submitted the present status of the projects which are under progress along with necessary documents, to the members of the Joint Committee and the same was also a part of the Report.
4. I humbly submit that the Joint Committee in its Report has made recommendations to this Respondent to be complied with and the same is being complied with by this Respondent under the supervision of the Tamil Nadu Pollution Control Board. Hence, in order to ascertain the compliance by this Respondent this Hon'ble Tribunal has specifically directed this Page 4 of 28 Respondent vide its order dated 08.06.2021, to file a present status report regarding the progress of work done and time line in respect of the projects and pursuant to which this Respondent is filing the present status cum progress report.
5. The progress of the work done and the compliances are as follows:Page 5 of 28 Page 6 of 28 Page 7 of 28
6. I respectfully submit that this Respondent is taking earnest steps to protect the water body situated within its jurisdiction without any default and complying with the environmental rules in letter and spirit and without any default. This respondent will comply with any directions issued by this Hon'ble Tribunal and the statutory authorities, to protect the Tamirabarani River and improve its water quality.
Under the above circumstances, I respectfully pray that this Hon'ble Tribunal may be pleased to record the above submission and close the application and pass any such further or other order as it may deem fit and proper in the circumstances of the case and thus render justice.
Dated at Chennai on this the 29th day of July, 2021."
Page 8 of 284. The Tamil Nadu Pollution Control Board also filed their further report signed by the Joint Chief Environmental Engineer signed on 16.11.2021, e-filed on the same and received today (i.e. 17.11.2021) which reads as follows:-
"REPORT FILED ON BEHALF OF THE
RESPONDENTS TAMIL NADU POLLUTION CONTRO
BOARD.
I, J.Josephine Sahayarani, Daughter of Jesu Rajan , Christian, aged about 56 years, having office at No.76, Mount Salai, Guindy, Chennai-600 032, do hereby solemnly affirm and sincerely state as follows:
1. I am the Joint Chief Environmental Engineer, Tamil Nadu Pollution Control Board, Chennai - 600 032 and filing this Report on behalf of the Respondents Tamil Nadu Pollution Control Board and as such I am well acquainted with the facts of the case from the records.
2. It is respectfully submitted that the Hon'ble National Green Tribunal (Southern Zone), Chennai in its order dated 08.09.2021 directed interalia as follows:
"Para 6: ... So, local bodies as well as the Pollution Control Board are directed to file further progress report and also about the improvement, if any, in the water quality of Tamirabarani River on account of the work already undertaken by the local bodies in this regard. If no improvement is there, then the Pollution Control Board is directed to file their further action taken report against the persons who are responsible for causing such mischief. If any industrial effluent is mixed, then they are directed to inspect the industrial unit and submit a report regarding the violations, if any, committed by them in discharging the un-treated effluents into the water bodies causing pollution to the same. If the industries are not having Zero Liquid Discharge System and also not having proper ETPs which they are expected to establish, then the Pollution Page 9 of 28 Control Board is also directed to file an action taken report in this regard also.
7. The respective authorities are directed to submit their respective reports."
3. It is respectfully submitted that the Thamirabarani River originates from the peak of the Pothigai hills. The river flows on the plains eastwards from Papanasam. The River passes through Ambasamudram taluk, Cheranmahadevi taluk, Tirunelveli taluk, Palayamcottai taluk of Tirunelveli District & Srivaikundam taluk and Eral taluk, Tiruchendhur taluk of Thoothukudi District. The river confluence into Gulf of Mannar near Punnaikayal in Tiruchendhur taluk of Thoothukudi district. The total length of the River is 128 km and about 60 km is within Tirunelveli District.
The following Urban local bodies such as Municipalities, Town Panchayats and Corporation are located along the stretch of River Thamirabarani from the upstream of River Thamirabarani.
Mode of Disposal of Local body sewage
4. It is respectfully submitted that there is no direct let out of sewage from Municipalities and Town Panchayats into River Thamirabarani. The sewage/sullage is discharged into irrigation channels (North Kodai melaligian channel, Nathiyunni Channel, Kannadian channel, Drainage channel, Palayamkal channel & Page 10 of 28 Kuruchikulam channel etc.) and only Tirunelveli Municipal Corporation sewage is directly let into River Thamirabarani and also into irrigation channels (Kodagan channel/ Palayamkal channel & Tirunelveli channel).
5. It is respectfully submitted that the Tirunelveli Municipal Corporation is operating a 24.2 MLD capacity Waste Stabilisation Pond (WSP) treatment system for the sewage (10 MLD) collected from UGSS Phase-l and is in operation at Ramayanpatti. The Tirunelveli Municipal Corporation is under the process of clearing the accumulated sludge from the anaerobic pond of the WSP. The ROA of the treated sewage is as below:
The Parameter BOD was found within the standards, TSS exceeds the TNPCB disposal standards of 30 mg/L and Fecal coliform also exceeds the standards of <1000 MPN/100ml as prescribed by MoEF Notification dated 13/10/2017. The colour of the treated sewage is greenish in colour and presently being discharged into Kodagan channel.
The Tirunelveli Municipal Corporation has proposed to provide UGSS Phase-II & Phase-III for the unsewered corporation area so as to curtail the city sewage let into River Thamirabarani and irrigation channels namely Kodagan Channel, Palayamkal Page 11 of 28 Channel & Tirunelveli Channel.
UGSS-Phase-Il is proposed at cost of Rs.296.86 crores. The Estimated quantity of sewage expected to be collected is 14 MLD. The works has been commenced on 26.07.2018 and about 65 % of work has been completed and the target date to complete the entire project by 25.07.2022 UGSS-Phase-III is proposed at cost of Rs.421.55 crores. The Estimated quantity of sewage expected to be collected is 34 MLD. The works has been commenced on 23.01.2019 and about 22 % of work has been completed and the target date to complete the entire project by 31.12.2022.
The Tirunelveli Municipal Corporation is proposed to retrofit the existing 24.2 MLD Waste Stabilisation Pond (WSP) and utilise the existing STP to treat the sewage proposed to be collected from UGSS Phase-II.
The Tirunelveli Municipal Corporation has proposed to provide three modules of 10 MLD + 10 MLD + 14 MLD SBR technology STP each to treat the sewage collected from UGSS Phase-III and expected to be completed 30.07.2022. The related STP work yet to be started.
The Tirunelveli Municipal Corporation has also proposed to provide dhobikana with ETP at three locations namely 1. Karuppanthurai (43.2 KLD), 2. Vannarapettai Thiru kurippu thondar street (43.2 KLD) and 3. Vannarapettai Ettuthogai street (28.8 KLD) at a cost of Rs. 4.20 Crores along the stretch of River Thamirabarani to avoid washer men washing clothes in River Thamirabarani and cause pollution to the River. The Construction of the above dhobikanas are under progress.
The Thamirabarani River gets polluted by sewage pollution when enters into Tirunelveli Corporation area between Kurukkuthurai and Vannarapettai River Bridge a distance 2.5 km river stretch from different points. Hence Tirunelveli Municipal Corporation has proposed to provide DEWATS system as a temporary measure until UGSS Phase-II and Phase-III are commissioned to partially treat the sewage which flows through Page 12 of 28 drains and reaches River Thamirabarani. This DEWATS treatment is constructed on the banks of River Thamirabarani
6. It is respectfully submitted that there are 8 major sewage outfall drains were identified (between Kurukkuthurai & Vannarapettai River Bridge) and 10 DEWATS were provided by the Tirunelveli Municipal Corporation based on the sewage flow. The above said DEWATS were started constructed from August '2020 in phased manner and completed by July 2021. Samples of sewage were collected & analysed by TNPCB from these DEWATS to assess the performance of treatment in respect of TSS and BOD reduction. The consolidated statement on the report of analysis for the samples collected on 21.07.2021/ 27.07.2021 & 30.09.2021is tabulated below:
Page 13 of 28From the above table the following observations were made:
i. No reduction or no appreciable reduction of TSS & BOD was observed in the 4 DEWATS provided at Kurukkuthurai, Meenakshipuram, Kokkirakulam (opp. to Collectorate & Vannarapettai Ramalinga Street.
ii. The % reduction in BOD in other DEWATS ranges between 7.25 to 35.35 for the latest samples collected on 30.09.2021.
iii. The % reduction in TSS in other DEWATS ranges between 28 to 97 for the latest samples collected on 30.09.2021.
Observations made by TNPCB during inspection carried out on 09/10/2021 on the DEWATS operation:
• The DEWATS provided at Meenakshipuram, Meenakshipuram - Anna Street, Kailasapuram & Kokkirakulam (opp. to Collectorate) were not operated efficiently. All the quantity of sewage from the drain was not routed through the DEWATS and by-pass of sewage was noticed. Clogging of sewage was also noticed resulting in overflow of sewage.
• No clogging or overflow of sewage was noticed at the DEWATS located at Kokkirakulam Mariamman Kovil Street, Vannarapettai Valaiyapathi Street, Vannarapettai Ramalinga Page 14 of 28 Street.
• Clogging of sewage was noticed at DEWATS located at Kurukkuthurai & Udayarpatti.
• The treated sewage from the DEWATS provided at Sindhupoondhurai was not transported to UGSS Phase-l collection well for treatment in the existing 24.2 MLD Waste Stabilisation Pond (WSP) as informed by the Tirunelveli Municipal Corporation and presently allowed to reach the River after treatment •The drainage/drain carrying sewage and let into River Thamirabarani at Meenakshipuram Railway Bridge is not covered under any DEWATS presently provided by the Tirunelveli Municipal Corporation. This sewage point was also identified by the joint Committee and reported in its report submitted to Hon'ble NGT during 16th March 2020.
•The sewage drain carrying sewage generated from Ettuthogai Street & Thirukuripu Thondar Street joins river at two locations which is not covered under any DEWATS presently provided by the Tirunelveli Municipal Corporation.
In this regard, the DEWATS system operated and maintained by Tirunelveli Municipal Corporation was inspected on 21.09.2021, 30.09.2021 & 09.10.2021. During inspection it was noticed that out of the 10 DEWATS provided 3 DEWATS units located at Kailasapuram, Meenakshipuram and Meenakshipuram Anna Street were found not maintained and the DEWATS treatment system was found stagnated with sewage and overflow and bypass of sewage was noticed.
Hence, a letter dated 21.09.2021 has been addressed to the Commissioner, Tirunelveli Municipal Corporation to take necessary action to maintain all the DEWATS treatment units on daily basis to ensure that no clogging of the filter beds occurs due to the deposits of solid materials and no overflow and bypass of sewage takes place. All the designed sewage shall be treated in the DEWATS efficiently and continuously so as to reduce the pollution load of TSS & BOD let into River Thamirabarani. Further the Tirenelveli Municipal Corporation has been addressed vide DEE Page 15 of 28 letter dated 04.10.2021 & 11.10.2021 to improve the operational efficiency of the existing DEWATS system & Waste Stabilization Pond provided by the corporation based on the inspection made on 30.09.2021 & 09.10.2021.
7. It is further submitted that water sample of River Thamirabarani was collected from 14 locations from upstream at Thalayanai upto downstream location at Seevalaperi in Tirunelveli District on 24.09.2021 as follows From the Report of analysis, the following observations were made:
•The parameters DO, pH, Nitrate, Chlorides, Sulphates, Calcium, TDS, Total hardness, Fluorides and heavy metals (Arsenic, Cadmium, Copper, Lead, Total Chromium, Zinc, manganese, Iron) satisfies Class-A standards (Drinking Water source without Conventional Treatment but after Disinfection) at all 14 locations.
•Bacteriological parameter Total Coliform satisfies Class-A Page 16 of 28 standards Drinking Water source without Conventional Treatment but after Disinfection) for the upstream 6 sampling locations and satisfies Class-B standards (Outdoor Bathing) for the remaining 8 sampling locations in the downstream side.
•Bacteriological parameter Fecal Coliform in MPN/100ml was between <1.8 to 17 at the upstream 7 locations and was between 31 to 63 in the downstream locations from where sewage mixing in the river takes place.
•Parameter BOD satisfies Class-B standards (Outdoor Bathing) in the entire stretch of sampling locations •Parameter TSS was in the range of 2 mg/L to 8 mg/L in the entire stretch of River Thamirabarani sampling locations.
•Parameter COD was in the range of 4 mg/L to 32 mg/L in the entire stretch of River Thamirabarani sampling locations.
• No remarkable improvement in the quality of River Thamirabarani was noticed as the quality of River Thamirabarani mostly satisfies Class-A or Class-B standards.
The consolidated statement of the report of analysis is submitted herewith as in Annexure-I. Based on the DEE, Tirunelveli recommendation vide his letter dated 11.10.2021, TNPCB vide Proc Dt. 15.11.2021 has issued directions under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended to the Commissioner, Tirunelveli Municipal Corporation to comply with the following conditions immediately:
i. The Tirunelveli Municipal Corporation shall take suitable action to ensure that the entire quantity of sewage designated for a particular DEWATS shall be treated without any bye-pass and if the DEWATS provided is not adequate, additional DEWATS has to be provided in the location so that the entire quantity of sewage is treated before disposal.
ii. The Tirunelveli Municipal Corporation shall deploy persons for regular cleaning of sewage channels to remove floating/suspended matter so that the DEWATS are operated efficiently without any clogging/ overflow from the DEWATS filter Page 17 of 28 bed.
iii. The Tirunelveli Municipal Corporation shall periodically clean/replace the filter bed material for efficient operation.
iv. The Tirunelveli Municipal Corporation shall transport the treated sewage from the DEWATS provided at Sindhupoondhurai to UGSS Phase-l collection well for treatment in the existing 24.2 MLD Waste Stabilisation Pond (WSP) as committed instead allowing the sewage to reach the River after treatment.
v. The Tirunelveli Municipal Corporation shall provide DEWATS of adequate capacities to treat the sewage flowing through channel/drain reaching River Thamirabarani at Meenakshipuram Railway Bridge within a month time.
vi. The Tirunelveli Municipal Corporation shall connect the sewage drain carrying sewage generated from Ettuthogai Street & Thirukuripu Thondar street in the existing DEWATS provided at Vannarapettai Valaiyapathi Street or Vannarapettai Ramalinga Street. If not the corporation shall provide additional DEWATS to treat the sewage from the area within a month time.
vii. Tirunelveli Municipal Corporation shall comply with the directions issued by TNPCB vide Proc. dt. 18.06.2021.
8. It is respectfully submitted that based on the DEE, Tirunelveli report dt. 06.07.2021, a Show Cause Notice was issued vide Proc. Dt. 26.07.2021 under Section 5 of the Environment Protection Act, 1986 for levying of Environmental Compensation for not operating the Sewage Treatment Plant (WSP) efficiently and discharging the untreated sewage into River Thamirabarani & other irrigation channels for the period from 25.06.2020 to 30.06.2021.
9. It is respectfully submitted that the DEE vide letter dt. 11.10.2021 and 13.10.2021 has reported the following:
• The Tirunelveli Municipal Corporation is yet to provide adequate number of DEWATS treatment system to treat the entire quantity of sewage presently discharged into River Thamirabarani. The Tirunelveli Municipal Corporation is not operating and Page 18 of 28 maintaining the DEWATS under operation as noticed during inspection and also no action has been taken to identify the number of sewage outfall let into irrigation channels (Kodagan channel, Tirunelveli channel and Palayamkal channel) and temporary arrangements made to treat it until UGSS Phase-Il & Phase-III implemented for the unsewered area.
• In this regard, the DEE , Tirunelveli recommended to levy Environmental Compensation of Rs. 2873.55 Lakhs as calculated vide earlier report dt. 06.07.2021. Copy of the DEE, Tirunelvi letter dt. 06.07.2021 is enclosed as Annexure II.
TNPCB has issued Show Cause Notice vide Board Proc. Dt. 15.11.2021 to the Tirunelveli Municipal Corporation under section 5 of Environment Protection Act, 1986 as amended imposing Environmental Compensation of Rs. 2873.55 Lakhs for the period 25.06.2020 upto 30.06.2021 as per the calculation submitted by the DEE, TNPCB, Tirunelveli vide letter dated 06.07.2021.
II. Action Plan for Municipalities:
10. It is respectfully submitted that the Vickramasingapuram and Ambasamudhram Municipalities located along the stretch of River Thamirabarani have prepared DPR through TWICL for the control of sewage/sullage directly let into irrigation channels in which short term and long term action plans were suggested. In the short term action plan, Constructed wet land system (or) Decentralized STP at each outfall location (or) Construction of interceptor drain and STP at centralized location were suggested and UGSS and STP suggested as a long term measures. The DPR prepared during Novenber'2020 is yet to be approved by the Commissioner of Municipal administration, Chennai and work yet to be commenced.
However the sub Committee constituted vide G.O. (Rt) No.444 dated 04/09/2021, Environment, Climate Change and Forest Department in its report submitted to Hon'ble NGT (SZ) after inspection carried out at site on 06/09/2021 has suggested DEWATS treatment for implementation at all sewage outfall locations (12 Nos) for Vickramasingapuram Municipality Page 19 of 28 and all the DEWATS to be completed by 30/06/2022. Similarly suggested DEWATS treatment for implementation at all sewage outfall locations (8 Nos) for Ambasamudram Municipality and all the DEWATS to be completed by 30/06/2022.
11. It is further submitted that in order to assess the quality of sewage/sullage let into irrigation channel and as requested by the Municipalities vide their letter dated 23/09/2021, sewage samples were collected by TNPCB on 24.09.2021 at 12 locations in V. K. Puram Municipal area and sent for analysis. From the consolidated statement of the ROA of the 12 samples it was noticed that TSS ranges between 30 mg/l to 2020 mg/1, BOD ranges between 14.1 mg/l to 846 mg/1, Fecal Coliform ranges between 1600 MPN/100ml to 21000 MPN/100ml.It is noticed that except for the sewage samples collected from the sewage drain from Ward No. 2 - Gnaniyar Thoppu, all other samples exceeds the standards of 30 mg/l for TSS for remaining 11 sampling locations and BOD exceeds the standards of 20 mg/l for 10 sampling locations and Fecal Coliform exceeds the standards for all 12 samples.
Similarly sewage samples were collected by TNPCB on 25.09.2021 at 8 locations in Ambasamudram Municipal area and sent for analysis. From the consolidated statement of report of analysis of the 8 samples, it was noticed that TSS ranges between 28 mg/l to 874 mg/1, BOD ranges between 23.2 mg/l to 393 mg/l and Fecal Coliform ranges between 13000 MPN/100ml to 26000 MPN/100ml.It is noticed that all the samples collected from 8 locations exceeds the standards of 20 mg/l for BOD and TSS exceed of the standards of 30 mg/l for 7 samples. Fecal Coliform exceeds for all 12 samples. The copy of Report of Analysis is submitted herewith as Annexure - III.
The actual locations where the DEWATS treatment to be provided is yet to be furnished to TNPCB by the Municipality.
12. It is respectfully submitted that the Vickramasingapuram Municipality has obtained CTO for the FSTP of capacity 30 KLD on 14/07/2021 valid up to 31/03/2022 for the treatment and disposal of septic tank septage water. The FSTP was Page 20 of 28 commissioned and put into operation.
Also the Ambasamudram Municipality has obtained CTO for the FSTP of capacity 30 KLD on 09/09/2021 valid up to 31/03/2022 for the treatment and disposal of septic tank septage water. The FSTP is yet to be commissioned. A letter dated 11/10/2021was addressed to the Commissioners of Vickramasi ngapuram Municipality & Ambasamudram Municipality to furnish a monthly progress report on the implementation of the DEWATS for the control of sewage pollution into irrigation channels and to complete within the prescribed date as recommended by the subcommittee.
Based on DEE, Tirunelveli recommendations vide his letter dated 11.10.2021, TNPCB has issued directions vide Board Proc. Dt. 15.11.2021 under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended to the Commissioners of Vickramasingapuram & Ambasamudram municipalities to comply with the following conditions:
1. The Vickramasingapuram & Ambasamudram municipalities shall furnish a report on the exact locations where DEWATS treatment is proposed to treat the sewage/sullage carried through drains as per the DPR prepared by TWICL and to furnish a monthly progress report on the implementation of the DEWATS for the control of sewage pollution into irrigation channels and to complete within the prescribed date as recommended by the subcommittee.
2. The Ambasamudram Municipality shall commission the FSTP and operate the same continuously and efficiently so as to achieve the standards prescribed by the Board.
3. The Vickramasingapuram Municipality shall operate and maintain the FSTP continuously and efficiently so as to achieve the standards prescribed by the Board
4. The Vickramasingapuram & Ambasamudram municipalities shall provide full fledged underground sewerage system with STP to ensure 100 % treatment of sewage.
iii. Action Plan for Town Panchayats Page 21 of 28
13. It is respectfully submitted that the Kallidaikurichi, Veeravanallur, Mukkudal, Cheranmahadevi, Pathamadai, Gopalasamudram, Melaseval have prepared DPR through TWICL for the control of sewage/sullage directly let into irrigation channels in which short term and long term action plans were suggested. In the short term action plan, Constructed wet land system (or) Decentralized STP at each outfall location (or) Construction of interceptor drain and STP at centralized location were suggested and UGSS and STP suggested as a long term measures. The DPR prepared during March 2021 is yet to be approved by the Director of Town Panchayats, Chennai and work yet to be commenced. Naranammalpuram Town Panchayat is yet to prepare DPR.
However the sub Committee constituted vide G.O. (Rt) No.444 dated 04/09/2021, Environment, Climate Change and Forest Department in its report submitted to Hon'ble NGT (SZ) after inspection carried out at site on 06/09/2021has suggested DEWATS treatment for implementation at all sewage outfall locations as follows.
It was also suggested that in the rest of the sewage outfall drain, suitable land to be identified and to implement DEWATS. The actual locations where the DEWATS treatment to Page 22 of 28 be provided is yet to be furnished to TNPCB by the Town Panchayats.
A letter dated 11/10/2021 was addressed to the above Executive Officers, Town Panchayats to furnish a monthly progress report on the implementation of the DEWATS for the control of sewage pollution into irrigation channels and to complete within the prescribed date as recommended by the subcommittee.
Based on DEE, Tirunelveli recommendations, TNPCB has issued directions vide Board Proc. Dt. 15.11.2021 under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as amended to the Executive Officers of Kallidaikurichi Veeravanallur,Mukkudal, Cheranmahadevi,Patham adai, Gopalasamudram, Melaseval & Naranammalpuram Town Panchayats to comply with the following:
1.The Kallidaikurichi, Veeravanallur, Mukkudal, Cheranma hadevi, Pathamadai, Gopalasamudram, Melaseval & Naranammalpuram Town Panchayats shall furnish a report on the exact locations where DEWATS treatment is proposed to treat the sewage/sullage carried through drains as per the DPR prepared by TWICL and to furnish a monthly progress report on the implementation of the DEWATS for the control of sewage pollution into irrigation channels and to complete within the prescribed date as recommended by the subcommittee.
2.The Kallidaikurichi, Veeravanallur, Mukkudal, Cheranma hadevi, Pathamadai, Gopalasamudram, Melaseval Town Panchayats shall comply with the directions issued by TNPCB vide Proc. dt. 18.06.2021.
3. The Naranammalpuram Town Panchayat shall provide full fledged underground sewerage system with STP to ensure 100 % treatment of sewage. DPR in this regard shall be submitted to the Board within a month.
Status of the Industrial effluent disposal located along the stretch of River Thamirabarani:
There are 2 major water polluting industries located near to River Thamirabarani namely 1. M/s. Madura Coats Private Page 23 of 28 Limited, Aladiyur, Ambasamudram Taluk, Tirunelveli District & 2. M/s. Sun Paper Mill Limited, North Ariyanayakipuram, Cheranmadevi Taluk, Tirunelveli District.
I. M/s. Madura Coats Private Limited, Aladiyur, Ambasamudram Taluk, Tirunelveli District This industry is a Textile dyeing unit which produces dyed yarn, Zip & tape. This unit was earlier consented to discharge the treated trade effluent into the surplus channel South Kodaimelalageon channel (S.K. channel) which finally reaches River Tamirabarani.
Inspite of continuous action taken by the Board, the unit has provided Zero Liquid Discharge System comprising of Primary/Secondary ETP followed by Reverse Osmosis Plant (RO) & Reject management System (RMS) as a tertiary treatment for the treated trade effluent so as to achieve Zero Discharge of trade effluent and the unit has stopped discharge of trade effluent into River Thamirabarani from 04/02/2019 onwards. Fresh Consent was also issued to this unit for the change in the mode of disposal of trade effluent valid up to 31.03.2021. The unit was inspected on 06/10/2021 and noticed that the unit maintains Zero discharge of trade effluent.
II. M/s. Sun Paper Mill Limited, North Ariyanayakipuram, Cheranmadevi Taluk, Tirunelveli District This industry is a Pulp and Paper Mill unit which produces Kraft paper. The unit earlier utilised wood as raw material with digester process to manufacture paper. Now the unit has stopped the digester activity and now utilizing only waste paper as raw material thereby reducing the pollution load substantially. The treated trade effluent from the unit is discharged on units land for irrigation. The unit does not discharge the treated trade effluent into the River Tamirabarani. This unit is not in continuous operation for the last two years. The unit was also operated without the valid consent of the Board.
The unit was inspected on 25/08/2021 and report dated 22/09/2021 and the DEE, TNPCB, Tirunelveli submitted the report Page 24 of 28 to TNPCB Corporate office with a recommendation to consider the issue of directions for closure and disconnection of power supply of the unit under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 as amended and under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 until the unit obtain valid consent of the Board. In this regard, the unit authorities have attended the personal hearing on 12.11.2021 at the Corporate Office, TNPCB, Chennai. The unit was instructed to comply the following:
i. Due to change in process, the unit has to revamp the ETP, based on present quality of trade effluent generated, within a month time in consultation with DEE, Tirunelveli, so that the treated effluent satisfies the standards prescribed by the Board ii. Resubmit the application pertaining to paper unit and cogen power plant with relevant particulars.
iii. Remit consent fee for the period 2021-2022, 2022-2023 for paper and power plant , so that to extend consent up to 31.03.2023.
iv. Furnish undertaking letter to Board within a week for compliance of the above.
Action is being taken by the Board for operating the unit without obtaining valid consent of the Board.
Under the above circumstances, it is humbly prayed that this Hon'ble National Green Tribunal (Southern Zone) may be pleased to pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstance of this case and thus render justice."
5. It is seen from the report submitted by the Tamil Nadu Pollution Control Board that there is no significant improvement in the water quality. Further, they have also mentioned that the DEWATS system provided is not functioning properly and it is inadequate and it is Page 25 of 28 being by passed and sullage/sewage is reaching the Thamirabarani River which causes pollution to the river.
6. It is also mentioned in the report that in respect of some of the municipalities viz., Vikramasingapuram and Ambasamudhram, implementation of the Solid Waste Management Rules, 2016 including establishment of Sewage Treatment Plant (STP) are only at DPR Stage which is awaiting approval from the Commissioner of Municipal Administration, Chennai, since November 2020. Further, it is also mentioned in the report that certain town panchayats like Kallidaikurichi, Veeravanallur, Mukkudal, Cheranmahadevi, Pathamadai, Mela Seval, Gopalasamudram and Naranammalpuram also have prepared the DPR and the same are pending approval from the Director of Town Panchayats, Chennai.
7. It is also seen from the report of the Pollution Control Board that show cause notices have been issued and they also made some recommendations. Even if these DPRs are prepared and approvals are granted, it will take some more time for completion of the project by these local bodies and till then what are the temporary measures that have been taken by them for preventing discharge of untreated sewage into the river has not been mentioned. They also inspected certain industries namely, M/s. Madura Coats Private Limited and M/s. Sun Paper Mill Limited and they found that M/s. Madura Coats Page 26 of 28 Private Limited has provided the ZLD system and there is no discharge of effluent into the river Thamirabarani from the premises.
They found some violation as regards M/s. Sun Paper Mills Ltd. is concerned and certain directions have been issued under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 and 31-A of the Air (Prevention and Control of Pollution) Act, 1981 and if they did not comply with the same, further action will be taken against them.
8. In respect of similar issue of non-implementation of the Solid Waste Management Rules, 2016 in certain areas, on account of either want of sanction from the appropriate higher level authorities or due to want of fund, in O.A. No.210 of 2017 (SZ), this Tribunal had directed the Chief Secretary, State of Tamil Nadu to look into the issue and come with a detailed action plan regarding the steps taken for granting approval and implementation of the Solid Waste Management Rules, 2016, as directed by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.606 of 2018 in its letter and spirit and posted those cases to 17.12.2021 for that purpose. We also posted some other cases of similar nature to the same date with a direction to the Chief Secretary, State of Tamil Nadu to look into those issues as well and incorporate the developments in those cases also in the report to be filed. So, we feel that this case also can be posted to 17.12.2021 and Page 27 of 28 similar direction can be given to the Chief Secretary to look into the issue also and take appropriate steps while filing the report.
9. The concerned local bodies and the Tamil Nadu Pollution Control Board are directed to file the further progress report to this Tribunal on or before 17.12.2021 by e-filing in the form of Searchable PDF/OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per Rules.
10. The Registry is directed to communicate this order (along with the order passed by this Tribunal in O.A. No.210/2017 for reference) to the Chief Secretary, State of Tamil Nadu, Director of Town Panchayats, Director of Municipal Administration, Additional Chief Secretary for Municipal Administration and Water Supply and also to the concerned local bodies by e-mail immediately for their information and compliance of the direction.
11. For consideration of further progress reports, post on 17.12.2021.
Sd/-
......................................J.M. (Justice K. Ramakrishnan) Sd/-
................................E.M. (Dr. K. Satyagopal) O.A. No.191/2015 (SZ) O.A. No.178/2014 (SZ), 17th November, 2021. Mn.
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